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(영문) 대구지방법원 2013.04.25 2013고단1518

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a leisure car B.

On January 22, 2013, the Defendant operated the above car at around 18:10, and proceeded with the national highway No. 35 prior to the Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-do.

At the night, there is a village development district, and there is a bus stop and dry field on both sides of the road, so there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as reducing speed and helping well live well.

Nevertheless, the Defendant neglected this and got the victim C (the age of 81) who walked on the road above the upper floor by negligence going through without reducing speed.

Ultimately, at around 00:41 on January 23, 2013, the Defendant caused the death of the victim by the shock shock at the hospital in the Nam-gu Seoul Metropolitan City, Nam-gu, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death diagnosis report and a written record of autopsy;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of punishment] The reason for sentencing under Article 62(1) of the Criminal Act [the scope of punishment] 1 to 5 years (the decision of a sentence ] General traffic accidents, the death of traffic accidents (type 2): Reduction elements of punishment [the scope of recommendation field] Reduction element / [the scope of recommendation field] Reduction element / [the scope of imprisonment without prison labor / April to 10 [the general person] Reduction element of motor vehicle comprehensive insurance, serious reflectness, and no record of criminal punishment / [the main reason for suspension of execution] Death: Death (unlawful of death), non-existence of punishment, and general participation reason for non-existence of criminal punishment: Social relation clear, serious reflectness, comprehensive motor vehicle insurance.